Hello Seniors, please guide me whether maternity benefit act shall be applicable upon unmarried female employee or not. Thanks & Regard
From India, Agra
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2From India, Agra
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when you employ more than 10 women employees, you are covered under the said act. there is no question of married or unmarried.
From India, New Delhi
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From India, New Delhi
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Sir,
If a married or unmarried female employee, it does not matter in the Maternity Benefit Act. In which case, the unmarried female employee shall be entitled to avail the maternity benefit. Can you please provide some examples?
From India, Agra
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If a married or unmarried female employee, it does not matter in the Maternity Benefit Act. In which case, the unmarried female employee shall be entitled to avail the maternity benefit. Can you please provide some examples?
From India, Agra
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(Fact Checked)-The Maternity Benefit Act applies to all female employees, regardless of marital status. Unmarried female employees are entitled to maternity benefits. No distinction is made based on marital status. (1 Acknowledge point)
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The preamble of the Maternity Benefits Act reads as follows:
An Act to regulate the employment of women in certain establishments for a certain period before and after childbirth and to provide for maternity benefits and certain other benefits. It says women - not married women. No moral values are put in by saying married or unmarried woman. As long as she meets the conditions - 80 days of work in the last 12 months, is pregnant, her marital status is irrelevant.
From India, Pune
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An Act to regulate the employment of women in certain establishments for a certain period before and after childbirth and to provide for maternity benefits and certain other benefits. It says women - not married women. No moral values are put in by saying married or unmarried woman. As long as she meets the conditions - 80 days of work in the last 12 months, is pregnant, her marital status is irrelevant.
From India, Pune
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(Fact Checked)-The Maternity Benefits Act applies to all women employees, regardless of their marital status, as long as they meet the eligibility criteria. Marital status is irrelevant. (1 Acknowledge point)
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The marital status of the woman employee does matter in relation to the application of Maternity Benefit Act.
From India, Kolkata
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From India, Kolkata
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Riteshmaity, Could you please clarify regarding marital status and maternity benefit. Is an unmarried employee entitled for maternity benefit in case employee becomes pregnant?
From India, Pune
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From India, Pune
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(Fact Checked)-The Maternity Benefit Act is applicable to all female employees, irrespective of their marital status. Unmarried employees are entitled to maternity benefits as well. (1 Acknowledge point)
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The Maternity Benefit Act, 1961
Introduction
The objective of maternity leave and benefits is to protect the dignity of motherhood by ensuring the full and healthy maintenance of women and their children when they are not working. The Act regulates the employment of women in certain establishments for a specified period before and after childbirth and provides for maternity benefits and certain other benefits.
As you can see, it is not mentioned anywhere that "The women should be married." Hence, the Act applies to all women.
Regards
From India, Delhi
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Introduction
The objective of maternity leave and benefits is to protect the dignity of motherhood by ensuring the full and healthy maintenance of women and their children when they are not working. The Act regulates the employment of women in certain establishments for a specified period before and after childbirth and provides for maternity benefits and certain other benefits.
As you can see, it is not mentioned anywhere that "The women should be married." Hence, the Act applies to all women.
Regards
From India, Delhi
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(Fact Checked)-The Maternity Benefit Act, 1961 applies to all women employees, regardless of marital status. Your interpretation is correct. (1 Acknowledge point)
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There is no concept of married or unmarried mentioned in the Act for eligibility to avail maternity benefit.it is just view of the society.
From India, Pune
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From India, Pune
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(Fact Checked)-The reply provided is correct. The Maternity Benefit Act does not differentiate between married and unmarried female employees for eligibility to avail maternity benefits. There is no such stipulation in the Act. (1 Acknowledge point)
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Dear all,
Please clarify if a female employee in our company has been working since May 2015, but has not worked for 80 days in the financial year 2016-17. Can you confirm if this employee is entitled to avail maternity benefits since she has submitted an application for maternity leave during her pregnancy?
Thank you.
From India, Agra
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Please clarify if a female employee in our company has been working since May 2015, but has not worked for 80 days in the financial year 2016-17. Can you confirm if this employee is entitled to avail maternity benefits since she has submitted an application for maternity leave during her pregnancy?
Thank you.
From India, Agra
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Benefit act should be considering maternity not marital status. Unmarried female should get all benefits according to ACT.
From United States, Los Angeles
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From United States, Los Angeles
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(Fact Checked)-The reply is correct. Maternity benefit under the Maternity Benefit Act applies irrespective of the marital status of the female employee. (1 Acknowledge point)
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Pankaj,
For deciding the eligibility for maternity benefit, 80 days should be counted backwards from the expected date of delivery. It is not necessary that she should work 80 days in a calendar year or financial year. Therefore, if she has worked for 80 days immediately preceding the expected date of delivery, she will be entitled to maternity benefits.
Madhu.T.K
From India, Kannur
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For deciding the eligibility for maternity benefit, 80 days should be counted backwards from the expected date of delivery. It is not necessary that she should work 80 days in a calendar year or financial year. Therefore, if she has worked for 80 days immediately preceding the expected date of delivery, she will be entitled to maternity benefits.
Madhu.T.K
From India, Kannur
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(Fact Checked)-The user reply is correct. Thank you for the accurate information provided. (1 Acknowledge point)
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Dear Madhu T.K,
I am a bit confused about deciding the eligibility for maternity benefit. In my case, our female employee has been working since May 2015. However, she has only worked for 46 days until 15/6/2016 in FY 2016-17, and her expected delivery date is 30/9/3016. Please let me know how to calculate 80 days to check the eligibility.
From India, Agra
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I am a bit confused about deciding the eligibility for maternity benefit. In my case, our female employee has been working since May 2015. However, she has only worked for 46 days until 15/6/2016 in FY 2016-17, and her expected delivery date is 30/9/3016. Please let me know how to calculate 80 days to check the eligibility.
From India, Agra
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(Fact Checked)-The Maternity Benefit Act applies to all female employees, regardless of marital status, if they have worked for at least 80 days in the 12 months preceding the expected date of delivery. To calculate the 80-day requirement, count all days worked before the expected delivery date. (1 Acknowledge point)
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Right to Payment of Maternity Benefit
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery. This is the rule on the subject.
Key words: 80 days immediately preceding the date of expected delivery.
So, if your employee has worked since May 2015, she should be eligible for maternity benefits.
From India, Pune
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(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than 80 days in the twelve months immediately preceding the date of her expected delivery. This is the rule on the subject.
Key words: 80 days immediately preceding the date of expected delivery.
So, if your employee has worked since May 2015, she should be eligible for maternity benefits.
From India, Pune
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(Fact Checked)-The Maternity Benefit Act applies to unmarried female employees who meet the eligibility criteria of having worked for a minimum of 80 days in the twelve months preceding the expected delivery date. (1 Acknowledge point)
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In my last post, I wrote, "The marital status of the woman employee does matter in relation to the application of the Maternity Benefit Act." I missed a very important word, giving it a different meaning. One should read it as follows: "The marital status of the woman employee does NOT matter in relation to the application of the Maternity Benefit Act."
From India, Kolkata
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From India, Kolkata
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(Fact Checked)-The user reply is correct. Well done! (1 Acknowledge point)
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As already pointed out, you have to work out the qualifying days from the expected date of delivery. Do not take the calendar year or financial year; take 12 months from the expected date of delivery. In your case, it should be backward from September 30, 2016. Naturally, by September 30th, she will complete 80 days and will qualify for maternity benefits. You should also bear in mind that these 80 days should include all holidays and weekly off days for which she is paid a salary.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Dear Pankaj,
If a woman is not married, how will she be considered for Maternity Benefit? In all forms related to the Maternity Benefit Act, there is a column asking to state the husband's name. If not married, how can you provide the husband's name?
Sathish.J
From India, Mumbai
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If a woman is not married, how will she be considered for Maternity Benefit? In all forms related to the Maternity Benefit Act, there is a column asking to state the husband's name. If not married, how can you provide the husband's name?
Sathish.J
From India, Mumbai
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In all the forms, either the husband's name or the father's name is to be written. Even form E to be submitted to the employer before proceeding for maternity leave is not compulsory, and failure to submit notice of pregnancy will not disentitle a woman to get the benefits under the Maternity Benefit Act.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Hi All, from when is the new maternity act i.e. 26 weeks applicable. Is there a date given by government or is it applicable with immediate effect after passing of bill.
From India
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From India
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(Fact Checked)-Hi All, the new maternity act of 26 weeks is applicable from April 1, 2017. It doesn't take immediate effect after passing the bill. Thank you for your query. (1 Acknowledge point)
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Creche under Maternity Benefit Act.pdf
Maternity Benefit Act.doc
CiteHR.AI
(Fact Checked)-The Maternity Benefit Act applies to all women employees, regardless of their marital status, once the establishment has more than 10 employees, including unmarried female employees. (1 Acknowledge point)